absaarkhan
10-08 03:08 PM
Hi ssa,
Thanks for your response.
Its good to know that you were able to do a H1B Transfer
even after entering US on Advance Parole.
Followup questions:
1. Is the I-94 # on your New H1B Approval same as the I-94 which you got
when you entered US on Advance Parole?
2. I am sure that your Attorney might have mentioned that last manner of
Entry into US is "Paroled" when he filed for your H1B transfer.
Please confirm this.
3. Finally, did u get any RFE for your H1B Transfer?
Thanks for your response.
Its good to know that you were able to do a H1B Transfer
even after entering US on Advance Parole.
Followup questions:
1. Is the I-94 # on your New H1B Approval same as the I-94 which you got
when you entered US on Advance Parole?
2. I am sure that your Attorney might have mentioned that last manner of
Entry into US is "Paroled" when he filed for your H1B transfer.
Please confirm this.
3. Finally, did u get any RFE for your H1B Transfer?
wallpaper 2003 Hyundai XG350 L
Leo07
01-18 03:54 PM
^^^^^^^^^^^^bump^^^^^^^^^^^^^^
lazycis
12-04 08:43 PM
Here is the link to Cao v. Upchurch ruling.
http://www.paed.uscourts.gov/documents/opinions/07D0833P.pdf
http://www.paed.uscourts.gov/documents/opinions/07D0833P.pdf
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satishku_2000
09-12 01:43 PM
I got a ref today the reason ability not to pay. They state that in line 21ordinary business income is less than what it should be according to PW and based on that employer was not able to PW in those years like from 2001 to 2006but the gross income was always in between 600000-1000000 each year. but can they relate your old returns with new PW. I mean does it matter based on your last 5 returns ability not to pay but currently I am drawing more than PW and my employer never filed tax`return with loss. pl. advice Does I need good CPA
40k+ in 2006
35k+ in 2005
33k+ in 2004
EB-3 PD 2001
Filed I-140 & I-485 on May 5,2007
The petitioner must show the ability to pay since establishment of PD. It does not matter if you get paid more than proferred now . Getting paid more than proferred wage always helps.
If the petitioner has more than one immigration petition pending then he has to prove that he has ability to pay for all petitions simultaneously since each petitions respective priority date.
Declaring profits help but again one has to put everything in context of immigration petition. If you got paid 10k less than proferred wage in a particualr year , petitioners profits must exceed 10k for that year. If there are 10 petitions pending in a year and all of them got paid 10k less than proferred wage petitioners profit must exceed 100k. I am trying to a put a simple example here . A right lawyer or right CPA may have ways to overcome these things.
Looks like a good sign in your case is you filed in May 2007 , is that regular or premium processing case? If it is reg processing case then looks like INS is processing cases based on PD which is a good thing should help lot of BEC folks.
Just curious if your case is a labor substution case?
40k+ in 2006
35k+ in 2005
33k+ in 2004
EB-3 PD 2001
Filed I-140 & I-485 on May 5,2007
The petitioner must show the ability to pay since establishment of PD. It does not matter if you get paid more than proferred now . Getting paid more than proferred wage always helps.
If the petitioner has more than one immigration petition pending then he has to prove that he has ability to pay for all petitions simultaneously since each petitions respective priority date.
Declaring profits help but again one has to put everything in context of immigration petition. If you got paid 10k less than proferred wage in a particualr year , petitioners profits must exceed 10k for that year. If there are 10 petitions pending in a year and all of them got paid 10k less than proferred wage petitioners profit must exceed 100k. I am trying to a put a simple example here . A right lawyer or right CPA may have ways to overcome these things.
Looks like a good sign in your case is you filed in May 2007 , is that regular or premium processing case? If it is reg processing case then looks like INS is processing cases based on PD which is a good thing should help lot of BEC folks.
Just curious if your case is a labor substution case?
more...
sledge_hammer
01-31 09:46 AM
- from immigration-law.com
After we reported this news, we learned that there were some readers who gravely misunderstood the "final" rule making process. They were confused with the "proposed" rule making process. In the final rule making process, there is no comment period before the rule takes effect. On the date when the final rule is published in the federal register, it becomes a binding rule and the rule-making process is complete. Certain provisions in the final rule may take effect on certain specific later date or dates, but the rule itself becomes a binding law on the date of publication of the rule in the federal register. Accordingly, unless the DOL changed the proposed rule, substitution of the beneficiary of the labor certification will be eliminated on the date of publication which includes the substitution of the beneficiary in the pending labor certification by amendment as well as the substitution of the beneficiary in the approved labor certification. For those who filed the substitution I-140 petition, the proposed rule provided that only "substitution approved" on the date of publication of the rule would survive. Substitution approved can be interpreted to mean approval of the substitution I-140 petition. For the 45-day validity of the certified labor certification, under the proposed rule, the certified labor certification on the date of publication was supposed to have 45 days to file the I-140 petitions. For the labor certifications which are approved after publication of the final rule must file the I-140 petitions within 45 days from the date of certification.
The DOL could have changed part of the proposed rules in the final rule and the readers are cautioned to wait for the release of the final rule before they jump into any conclusion and take a misguided action.
1. I was wondering how this rule would affect people like me. My labor has been approved and its been about 50 days. I will be applying for I-140 this week. Will this 45-day rule affect me?
2. If what is stated in immigrationportal about the labor substitution is true, then we don't have any real benefit from the this rule, because all labors certified before the implementation of this rule are not bound by the 45-days time constraint?!? All the so called desi companies may not sell the labors, but would not spend money to cancel it either. So those old labors are going waste as they are still active.
After we reported this news, we learned that there were some readers who gravely misunderstood the "final" rule making process. They were confused with the "proposed" rule making process. In the final rule making process, there is no comment period before the rule takes effect. On the date when the final rule is published in the federal register, it becomes a binding rule and the rule-making process is complete. Certain provisions in the final rule may take effect on certain specific later date or dates, but the rule itself becomes a binding law on the date of publication of the rule in the federal register. Accordingly, unless the DOL changed the proposed rule, substitution of the beneficiary of the labor certification will be eliminated on the date of publication which includes the substitution of the beneficiary in the pending labor certification by amendment as well as the substitution of the beneficiary in the approved labor certification. For those who filed the substitution I-140 petition, the proposed rule provided that only "substitution approved" on the date of publication of the rule would survive. Substitution approved can be interpreted to mean approval of the substitution I-140 petition. For the 45-day validity of the certified labor certification, under the proposed rule, the certified labor certification on the date of publication was supposed to have 45 days to file the I-140 petitions. For the labor certifications which are approved after publication of the final rule must file the I-140 petitions within 45 days from the date of certification.
The DOL could have changed part of the proposed rules in the final rule and the readers are cautioned to wait for the release of the final rule before they jump into any conclusion and take a misguided action.
1. I was wondering how this rule would affect people like me. My labor has been approved and its been about 50 days. I will be applying for I-140 this week. Will this 45-day rule affect me?
2. If what is stated in immigrationportal about the labor substitution is true, then we don't have any real benefit from the this rule, because all labors certified before the implementation of this rule are not bound by the 45-days time constraint?!? All the so called desi companies may not sell the labors, but would not spend money to cancel it either. So those old labors are going waste as they are still active.
Vexir
06-05 02:24 PM
BOKKE WINS!
more...
natrajs
03-13 01:31 PM
Folks,
This my copyright and very much pertain to our situation:
*********************
I left my world in search of prosperity
The prosperity is taking an eternity
My struggle is long and daunting
Making it more and more frustrating
Life at times seems uncontrollable
Flowing with the time unstoppable
Graying hairs testify for the feeling
Fat belly making me further unappealing
Sometimes I think of going back
Try to gather the courage that I lack
But the world I left is not the same any more.
And the world I am in, has lost its lure.
I am on the crossroad of my life
One is forward, one is left and other is right.
I don�t like the choices shown
May be I would have to create a world of my own
***************
Thanks
Very Nice, Keep it up
This my copyright and very much pertain to our situation:
*********************
I left my world in search of prosperity
The prosperity is taking an eternity
My struggle is long and daunting
Making it more and more frustrating
Life at times seems uncontrollable
Flowing with the time unstoppable
Graying hairs testify for the feeling
Fat belly making me further unappealing
Sometimes I think of going back
Try to gather the courage that I lack
But the world I left is not the same any more.
And the world I am in, has lost its lure.
I am on the crossroad of my life
One is forward, one is left and other is right.
I don�t like the choices shown
May be I would have to create a world of my own
***************
Thanks
Very Nice, Keep it up
2010 2003 Hyundai XG350 Image
RLNY122004
04-28 08:46 PM
Mailed $100 check yesterday.
more...
caliguy
09-16 07:56 PM
I am going to submit an issue with CIS Ombudsman @ DHS | CIS Ombudsman - Case Problems (http://www.dhs.gov/files/programs/editorial_0497.shtm)
I have also asked the attorney to send an email @ Texas Service Introduces Streamline Procedure for I-485s and I-140s
Labor Immigration Law � Texas Service Introduces Streamline Procedure for I-485s and I-140s (http://www.laborimmigration.com/2008/11/texas-service-introduces-streamline-procedure-for-i-485s-and-i-140s/)
Attorney got back to me and said we will have to wait until 1st October, as he opened a SR on 1st September and TSC asked him to wait for 30 days.
At this point, I am running out of options....maybe a letter to the first lady??
I have also asked the attorney to send an email @ Texas Service Introduces Streamline Procedure for I-485s and I-140s
Labor Immigration Law � Texas Service Introduces Streamline Procedure for I-485s and I-140s (http://www.laborimmigration.com/2008/11/texas-service-introduces-streamline-procedure-for-i-485s-and-i-140s/)
Attorney got back to me and said we will have to wait until 1st October, as he opened a SR on 1st September and TSC asked him to wait for 30 days.
At this point, I am running out of options....maybe a letter to the first lady??
hair This 2003 HYUNDAI XG350L
abe
11-04 06:05 PM
Got an email on Sunday, Nov 1, saying that I got greened last Wednesday, Oct 28. I have been calling customer service about once a week since Sept. Thanks guys. Without IV, I wouldn't have called.
more...
2ndJuly
09-17 02:09 PM
here how it will be considered:
first human--> followed by illegal immigrants-->next horses-->last and least aliens
first human--> followed by illegal immigrants-->next horses-->last and least aliens
hot Hyundai XG350 2003
vbkris77
03-10 05:04 PM
EB2I last year got 25K visas. This year, I am thinking we will get double that. Because 1. There are not many ROW labor approvals (Thanks to Atlanta process center) 2. Name check backlog cleared.
Sorry I am not looking at EB3. No news is good for that.. Sorry..
Sorry I am not looking at EB3. No news is good for that.. Sorry..
more...
house 2003 Hyundai XG350 L in
arunkotte
07-29 03:46 PM
Company tax returns can only show the NET INCOME . You need an Audited Financial Statement prepared by a CPA to show NET ASSETS
Schedule L on 1120S lists all the assets, Liabilities and Shareholders equity. Can this not be used to figure out the net current assets?? I got an RFE specifically instructing us to submit W2 and tax returns for 2006.
Schedule L on 1120S lists all the assets, Liabilities and Shareholders equity. Can this not be used to figure out the net current assets?? I got an RFE specifically instructing us to submit W2 and tax returns for 2006.
tattoo 2005 Hyundai Santro - Pictures
whoever
02-07 07:32 AM
I wonder why EB 3 ROW is stuck at Aug 02. I guess it should move faster.
more...
pictures 05 Hyundai Xg350. 2003 Hyundai
doknek
06-10 02:17 PM
Which bill is in the Senate? Can you please post a link?
Below is Full Text of Senators Boxer-Gregg Bill, S. 3084 to Exempt EB Numerical Limit for U.S. STEM Advnce Degree Holders
http://thomas.loc.gov/cgi-bin/query/z?c110:S.3084:
Below is Full Text of Senators Boxer-Gregg Bill, S. 3084 to Exempt EB Numerical Limit for U.S. STEM Advnce Degree Holders
http://thomas.loc.gov/cgi-bin/query/z?c110:S.3084:
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NKR
09-25 04:21 PM
Thanks Lasantha for all your help. Even after getting your green card you continue to participate and help others in this struggle. That is Great. For the sake of disclosure here are some of the messages you left for other members. I think that these messages are extremely abusive and very harsh as compared to the message left for you. Although we do not encourage the use of words like moron, stupid, idiot, we see these words being used often on the forum.
Lasantha 02:39, 23rd Sep 2007 -23 Ass hole !!!
Lasantha 10:59, 14th Nov 2007 -27 Eat Crap you bastard!
Lasantha 00:54, 19th Nov 2007 -27 DUMBASS YOURSELF!!!
Lasantha 17:03, 5th Dec 2007 -28 WTF
Lasantha 18:05, 14th Jan 2008 -39 WTF is wrong with you?
Lasantha 16:06, 11th Mar 2008 -45 Wacko???
Lasantha 21:29, 18th Mar 2008 -52 what the fuck???
You be the judge the let us know if you want to know the user who left you that remark. We will go ahead and post that on this thread. And for the sake of fairness, we will also post the members for whom you left the above messages. You be the judge and decide.
Thanks for your understanding.
I notice that all the remarks have been made before he/she got his/her GC. It is amazing to know what impact GC makes on a person�s state of mind. Waiting forever for GC is damn frustrating.
Lasantha 02:39, 23rd Sep 2007 -23 Ass hole !!!
Lasantha 10:59, 14th Nov 2007 -27 Eat Crap you bastard!
Lasantha 00:54, 19th Nov 2007 -27 DUMBASS YOURSELF!!!
Lasantha 17:03, 5th Dec 2007 -28 WTF
Lasantha 18:05, 14th Jan 2008 -39 WTF is wrong with you?
Lasantha 16:06, 11th Mar 2008 -45 Wacko???
Lasantha 21:29, 18th Mar 2008 -52 what the fuck???
You be the judge the let us know if you want to know the user who left you that remark. We will go ahead and post that on this thread. And for the sake of fairness, we will also post the members for whom you left the above messages. You be the judge and decide.
Thanks for your understanding.
I notice that all the remarks have been made before he/she got his/her GC. It is amazing to know what impact GC makes on a person�s state of mind. Waiting forever for GC is damn frustrating.
more...
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ash0210
03-10 07:51 PM
Yes...The REAL POWER of this organization will lie in its state chapters..
I called local Senator & his office was sympathetic towords problems of "Legal" immigration & stagnation of GC process for India & China..
Look in diffrent angle, instead of calling Senators office, if bunch of 10 state chapter guys visit local senators office, it will carru lot of weight...
By the way, any local chapter for Ohio? Is it in - Cincinati, Cleveland or Columbus?
Please realize that
b) The REAL POWER of this organization will lie in its state chapters. Trust me. If you sit with ten people you know, and talk about these issues, and resolve to do something about the situation, and come up with an action plan and an operating mechanism, that will be where the strength of IV lies.
I called local Senator & his office was sympathetic towords problems of "Legal" immigration & stagnation of GC process for India & China..
Look in diffrent angle, instead of calling Senators office, if bunch of 10 state chapter guys visit local senators office, it will carru lot of weight...
By the way, any local chapter for Ohio? Is it in - Cincinati, Cleveland or Columbus?
Please realize that
b) The REAL POWER of this organization will lie in its state chapters. Trust me. If you sit with ten people you know, and talk about these issues, and resolve to do something about the situation, and come up with an action plan and an operating mechanism, that will be where the strength of IV lies.
girlfriend 03 Hyundai Xg350l. 2006
alien2006
06-08 12:12 PM
Don't forget there are a few H1Bs who are hired in research, govt, non profit, universities, etc who do not come under the H1B quota. Even they want GCs, :)
hairstyles 03 Hyundai Xg350. HYUNDAI XG
NIW
11-14 01:36 PM
Thanks guys for your suggestions. But no thanks!
Let me continue with my action while you continue with yours.
My posts are not intended for you. They are meant for the rare breed that think they can make a difference in this world. I'm sorry to know you aren't that.
I would rather spend my time working for causes that I beleive - IV as well as Immigrants Rights, instead of wasting time on an on-line brawl. I'm sure you guys also have better things to do in life.
Let's just move on.
I totally agree with you on this hypocrite Lou Dobbs and also admire your determination and sticking to your views. I too belive that we can make a change if we are determined. I have written my views to the radio station eventhough I don't listen to that channel as I live somewhere far. I hate to side track the issue but I couldn't control my self to accept that Alexander was great( that apprears in your posts) I stongly belive that he was not great but was a coward (I came to conclusion after reviewing the history)
Let me continue with my action while you continue with yours.
My posts are not intended for you. They are meant for the rare breed that think they can make a difference in this world. I'm sorry to know you aren't that.
I would rather spend my time working for causes that I beleive - IV as well as Immigrants Rights, instead of wasting time on an on-line brawl. I'm sure you guys also have better things to do in life.
Let's just move on.
I totally agree with you on this hypocrite Lou Dobbs and also admire your determination and sticking to your views. I too belive that we can make a change if we are determined. I have written my views to the radio station eventhough I don't listen to that channel as I live somewhere far. I hate to side track the issue but I couldn't control my self to accept that Alexander was great( that apprears in your posts) I stongly belive that he was not great but was a coward (I came to conclusion after reviewing the history)
logiclife
02-05 05:27 PM
Ok Logiclife, i did not intend to start a war or anything of the sort. I was just giving suggestions in light of the fact that inspite of IV working VERY hard, nothing is happening on the GC front. That is the ONLY reason I put up this post.
One more thing. You mentioned that a lot of people are not contributing, maybe the reason is that not everyone wants a GC that desperately. Some people are fine with working here temporarily and then going back after making some money. Besides some members who have contributed in the past may be wondering if it even makes sense to contribute again, being that there has been no real progress on the GC front since Dec 2005 (the birth of IV). Now do not get me wrong I KNOW how hard the IV team has worked and how many time we came SO SO SO close to getting our dreams realized in the Senate only to be crushed in the house again.
My point was, maybe it is time to face the facts. The government has changed but the basic attitude towards the "immigrant" is the same. This is because the average American, views immigrants as a threat. Now we can argue all we want on that statement, but in our hearts we know that the "AVERAGE American" would rather Not have immigrants come to the US (legal or illegal). In light of these events does it not make sense to ask for simpler goals? Goals like 485 filing or H4 Eads etc. Sure it makes us look weak in front of the anti-immigrants, but then are we here to solve our problems or to prove the anti-immigrants wrong?
Lastly this was NOT a threat nor was it intended to be a Threat that "take my advice or i will leave". Just a simple suggestion in light of things to come.
I know you are not threatening to leave. But eventually some one will. It always happens when one or other item is included or excluded from agenda.
Anyways, this isnt about looking weak or strong against anti-immigrants. That is really not the issue here.
Its about how much we can have in our list of items. There is only so much anyone can do. Forget about us, even bigger organizations have priorities in order. Immigration Voice also has to have a priority. We cannot talk to anyone about fixing the H4 issues before the issues of retrogression are talked about. And we cannot talk about ALL OF THEM because there is room for only so much to talk about. There is a limit on everything. Limit on how much funds we have, limit on how much political capital does our lobbyist spend on our organization with lawmakers, limit on how much leverage the lawmaker uses to sponsor an amendment for us. No one has unlimited capacity to get things achieved. So in that sense, H4 issues really cannot be on the list. And as far as "nothing is happening, let's get temporary relief and let's not fight for more numbers" idea is concerned, we are already doing that by trying to get 485 filing provision done in next few days as a temporary relief. Now tell me, how is that not tied to H4s. EVERY SINGLE ITEM on our goals benefits H4 spouses indirectly. Including the short term goals of IV.
One more thing. You mentioned that a lot of people are not contributing, maybe the reason is that not everyone wants a GC that desperately. Some people are fine with working here temporarily and then going back after making some money. Besides some members who have contributed in the past may be wondering if it even makes sense to contribute again, being that there has been no real progress on the GC front since Dec 2005 (the birth of IV). Now do not get me wrong I KNOW how hard the IV team has worked and how many time we came SO SO SO close to getting our dreams realized in the Senate only to be crushed in the house again.
My point was, maybe it is time to face the facts. The government has changed but the basic attitude towards the "immigrant" is the same. This is because the average American, views immigrants as a threat. Now we can argue all we want on that statement, but in our hearts we know that the "AVERAGE American" would rather Not have immigrants come to the US (legal or illegal). In light of these events does it not make sense to ask for simpler goals? Goals like 485 filing or H4 Eads etc. Sure it makes us look weak in front of the anti-immigrants, but then are we here to solve our problems or to prove the anti-immigrants wrong?
Lastly this was NOT a threat nor was it intended to be a Threat that "take my advice or i will leave". Just a simple suggestion in light of things to come.
I know you are not threatening to leave. But eventually some one will. It always happens when one or other item is included or excluded from agenda.
Anyways, this isnt about looking weak or strong against anti-immigrants. That is really not the issue here.
Its about how much we can have in our list of items. There is only so much anyone can do. Forget about us, even bigger organizations have priorities in order. Immigration Voice also has to have a priority. We cannot talk to anyone about fixing the H4 issues before the issues of retrogression are talked about. And we cannot talk about ALL OF THEM because there is room for only so much to talk about. There is a limit on everything. Limit on how much funds we have, limit on how much political capital does our lobbyist spend on our organization with lawmakers, limit on how much leverage the lawmaker uses to sponsor an amendment for us. No one has unlimited capacity to get things achieved. So in that sense, H4 issues really cannot be on the list. And as far as "nothing is happening, let's get temporary relief and let's not fight for more numbers" idea is concerned, we are already doing that by trying to get 485 filing provision done in next few days as a temporary relief. Now tell me, how is that not tied to H4s. EVERY SINGLE ITEM on our goals benefits H4 spouses indirectly. Including the short term goals of IV.
Krilnon
05-30 11:23 PM
The 1st of July is about a month from now.
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